Got this email today, sharing with you -
"Hidden Creek Farm in Muskegon has been in a legal fight since May 2019
This MAEAP Verified Organic Farm established in 2015 is dedicated to offering and providing their customers with the best food possible in the most sustainable way.
The legal battle began when an alleged nuisance complaint was filed against Hidden Creek Farm by their township. However, Hidden Creek Farm was found to be in compliance with all applicable GAAMPs by the Michigan Department of Agriculture and Rural Development (MDARD), and is therefore protected from nuisance lawsuits under the Michigan Right to Farm Act.
On April 6, 2020, however, the Muskegon Circuit Court issued an opinion that challenges the current procedures that MDARD uses for determining compliance with the Site Selection GAAMP. The opinion states that measurements for Site Selection should be taken from the property line rather than from the barn or livestock facility, as is the current procedure established by MDARD. The procedure used by MDARD resulted in a determination that Hidden Creek Farm is a Category 3 farm, while the procedure proposed by the judge would define the farm as Category 4. Category 4 farms are by definition not compliant with the Site Selection GAAMP, and so are not protected under the Right to Farm Act.
If this ruling stands, Hidden Creek Farm is at risk of being forced to shut down. And since zoning is no longer a consideration in the Site Selection definition of "primarily residential", all other farms in Michigan could face the same legal challenges if this precedent is set.
Hidden Creek Farm needs immediate relief so they continue to farm. There are two ways you can help. First, if you are able, please consider making a donation to the Michigan Small Farm Council. We are working with the Farm to Consumer Legal Defense Fund to support the legal defense of Hidden Creek Farm. Second, write to MDARD to ask that they they quickly implement changes to the Site Selection GAAMP to define the procedures by which farms are classified as Category 4, in a way that is consistent with the procedures already in place. "
What are GAAMPs and Site Selection?
Where can I find the Michigan Right To Farm Act?
The Michigan Small Farm Council supports Lee and Crystal during their legal challenges.
The Farm to Consumer Legal Defense Fund continues to assist and represent Lee and Crystal during the court proceedings.
We need your help and support to save this farm and potentially many more farms in Michigan.
"Hidden Creek Farm in Muskegon has been in a legal fight since May 2019
This MAEAP Verified Organic Farm established in 2015 is dedicated to offering and providing their customers with the best food possible in the most sustainable way.
The legal battle began when an alleged nuisance complaint was filed against Hidden Creek Farm by their township. However, Hidden Creek Farm was found to be in compliance with all applicable GAAMPs by the Michigan Department of Agriculture and Rural Development (MDARD), and is therefore protected from nuisance lawsuits under the Michigan Right to Farm Act.
On April 6, 2020, however, the Muskegon Circuit Court issued an opinion that challenges the current procedures that MDARD uses for determining compliance with the Site Selection GAAMP. The opinion states that measurements for Site Selection should be taken from the property line rather than from the barn or livestock facility, as is the current procedure established by MDARD. The procedure used by MDARD resulted in a determination that Hidden Creek Farm is a Category 3 farm, while the procedure proposed by the judge would define the farm as Category 4. Category 4 farms are by definition not compliant with the Site Selection GAAMP, and so are not protected under the Right to Farm Act.
If this ruling stands, Hidden Creek Farm is at risk of being forced to shut down. And since zoning is no longer a consideration in the Site Selection definition of "primarily residential", all other farms in Michigan could face the same legal challenges if this precedent is set.
Hidden Creek Farm needs immediate relief so they continue to farm. There are two ways you can help. First, if you are able, please consider making a donation to the Michigan Small Farm Council. We are working with the Farm to Consumer Legal Defense Fund to support the legal defense of Hidden Creek Farm. Second, write to MDARD to ask that they they quickly implement changes to the Site Selection GAAMP to define the procedures by which farms are classified as Category 4, in a way that is consistent with the procedures already in place. "
What are GAAMPs and Site Selection?
Where can I find the Michigan Right To Farm Act?
The Michigan Small Farm Council supports Lee and Crystal during their legal challenges.
The Farm to Consumer Legal Defense Fund continues to assist and represent Lee and Crystal during the court proceedings.
We need your help and support to save this farm and potentially many more farms in Michigan.